SB 222 — AN ACT CONCERNING CHANGES TO THE PAID FAMILY AND MEDICAL LEAVE STATUTES.

(c)Public IfAct familyNo. and medical leave compensation is paid as a result of wilful misrepresentationby any healthcare provider,theauthority shall notify the Labor Commissioner and may seek payment of a penalty from such health care provider in the amount of three hundred per cent of the benefits paid as a result of such misrepresentation.

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222 (c) If family and medical leave compensation is paid as a result of wilful misrepresentationby any healthcare provider,theauthority shall notify the Labor Commissioner and may seek payment of a penalty from such health care provider in the amount of three hundred per cent of the benefits paid as a result of such misrepresentation.

(d)Any person,including anemployer,who intentionally aids,aids,abets, abets, assists, promotes or facilitates the making of, or the attempt to make, any claim for benefits or the receipt or attempted receipt of benefits by another personinviolationofsubsection(b)ofthissectionshallbeliableperson inviolationofsubsection(b)ofthissectionshallbeliable for the same financial penalty as the person making or attempting to make the claim or receiving or attempting to receive the benefits.

(e) A health care provider shall complete a timely medical sSB222certification /of Filea No.patient's serious medical condition at the request of the patient.

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75 certification of a patient's serious medical condition at the request of the patient.

If a person fails to repay according to the schedule established, the authority may recover such amount owed plus any accrued interest through a wage execution in accordance with the provisions of section 52-361a and the authority may request the Commissioner of Administrative Services to seek reimbursement for such amount owed plus interest pursuant to section 12-742.

(g) Any person who has been assessed a penalty by the authority underPublic sectionsAct 31-49eNo. to 31-49t, inclusive, as amended by this act, shall pay such penalty to the authority in accordance with a payment schedule as determined by the authority.

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222 under sections 31-49e to 31-49t, inclusive, as amended by this act, shall pay such penalty to the authority in accordance with a payment schedule as determined by the authority.

If a person fails to repay according to the schedule, the authority may recoverrequest suchthe amountCommissioner owedof plusAdministrative interestServices throughto aseek wagereimbursement executionfor insuch accordanceamount withowed theplus provisionsinterest ofpursuant to section 52-361a.12-742.

In addition, the authority may request the Commissioner of Administrative Services to seek reimbursement for such amount pursuant to section 12-742.

Not later than [July 1, 2022] September 1, 2024, and annually thereafter, the authority shall report, in accordance with section 11-4a of the general statutes, to the Office of Policy and Management and to the joint standing committees of the General Assembly having cognizance sSB222of /matters Filerelating No.to appropriations and the budgets of state agencies and labor, on (1) the projected and actual participation in the program, (2) the balance of the trust, (3) the reasons claimants are receiving family and medical leave compensation, (4) the success of outreach and education efforts, (5) demographic information of claimants, including gender, age, town of residence and income level, and (6) the total number of claims made and claims denied.

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75 of matters relating to appropriations and the budgets of state agencies and labor, on (1) the projected and actual participation in the program, (2) the balance of the trust, (3) the reasons claimants are receiving family and medical leave compensation, (4) the success of outreach and education efforts, (5) demographic information of claimants, including gender, age, town of residence and income level, and (6) the total number of claims made and claims denied.

Sec.Public Act No.

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222 Sec.

"Employer" does not include a municipality, a local or sSB222regional /board Fileof No.education, or a nonpublic elementary or secondary school;

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75 regional board of education, or a nonpublic elementary or secondary school;

(7)Public "Grandchild"Act meansNo. a grandchild related to a person by (A) blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) foster care by a child of the grandparent;

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222 (7) "Grandchild" means a grandchild related to a person by (A) blood, (B) marriage, (C) adoption by a child of the grandparent, or (D) foster care by a child of the grandparent;

(F) a health care sSB222provider /as Filedefined No.in subparagraphs (A) to (E), inclusive, of this subdivisionwhopracticesinacountryotherthantheUnitedStates,who is licensed to practice in accordance with the laws and regulations of that country;

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75 provider as defined in subparagraphs (A) to (E), inclusive, of this subdivisionwhopracticesinacountryotherthantheUnitedStates,who is licensed to practice in accordance with the laws and regulations of that country;

[(10)] (11) "Parent" means a biological parent, foster parent, adoptive parent, stepparent, parent-in-law or legal guardian of an eligible employeePublic orAct anNo. eligible employee's spouse, an individual standing in loco parentis to an eligible employee, or an individual who stood in loco parentis to the eligible employee when the employee was a child;

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222 employee or an eligible employee's spouse, an individual standing in loco parentis to an eligible employee, or an individual who stood in loco parentis to the eligible employee when the employee was a child;

[(15)] (16) "Son or daughter" means a biological, adopted or foster child, stepchild, legal ward, or, in the alternative, a child of a person standing in loco parentis, or an individual to whom the employee stood sSB222in /loco Fileparentis No.when the individual was a child;

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75 in loco parentis when the individual was a child;

(1) "Employer" means a person engaged in business who has three or more employees, including the state and any political subdivision of the state;Public Act No.

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222 state;

sSB222(c)If /anemployee'sneedtouse Fileleaveunder No.thissectionisforeseeable, an employer may require advance notice, not to exceed seven days prior to the date such leave is to begin, of the intention to use such leave.

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75 (c)Ifanemployee'sneedtouse leaveunder thissectionisforeseeable, an employer may require advance notice, not to exceed seven days prior to the date such leave is to begin, of the intention to use such leave.

(d)Public UponAct anNo. employer's request, an employee who takes leave pursuant to this section shall provide the employer a signed written statement certifying that theleave isfor apurpose authorizedunder this section.

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222 (d) Upon an employer's request, an employee who takes leave pursuant to this section shall provide the employer a signed written statement certifying that theleave isfor apurpose authorizedunder this section.

(e)Nothing inthissectionshallbeinthissectionshallbeconstruedto construedto (1)prevent employers from providing more leave than is required under this section, (2) diminish any rights provided to any employee under the terms of the employee's employment or a collective bargaining agreement, or (3) preempt or override the terms of any collective bargaining agreement effective prior to October 1, 2010.

(g) Any written statement or police or court record provided to an sSB222employer /pursuant Fileto subsection (d) of this section shall be maintained as confidential by the employer and shall not be further disclosed by the employer except as required by federal or state law or as necessary to protect the employee's safety in the workplace, provided the employee Public Act No.

7524-5 1516 sSB222of File17 Substitute Senate Bill No.

75222 employer pursuant to subsection (d) of this section shall be maintained as confidential by the employer and shall not be further disclosed by the employer except as required by federal or state law or as necessary to protect the employee's safety in the workplace, provided the employee is given notice prior to the disclosure.

ThisApproved actMay shall9, take2024 effectPublic asAct followsNo. and shall amend the following sections:

Section24-5 117 Octoberof 1,17 2024 31-49e Sec.

2 October 1, 2024 31-49g(b) to (g) Sec.

3 October 1, 2024 31-49n Sec.

4 October 1, 2024 31-49r Sec.

5 from passage 31-49t Sec.

6 October 1, 2024 New section Sec.

7 October 1, 2024 31-51kk Sec.

8 October 1, 2024 31-51ss Statement of Legislative Commissioners:

In Section 2(b)(5)(B), "required" was changed to "prescribed" for consistency with standard drafting conventions, in Section 4(b), "misrepresentation" was changed to "wilful misrepresentation" for consistency, and in Sections 4(f) and (g) references to "owed amount" were changed to "amount owed" for clarity.

LAB Joint Favorable Subst.

sSB222 / File No.

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75 The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

In general, fiscal impacts are based upon a variety of informational sources, including the analyst’s professional knowledge.

Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.

OFA Fiscal Note State Impact:

Agency Affected Fund-Effect FY 25 $ FY 26 $ Paid Family and Medical Leave PLCTF - Potential See Below See Below Insurance Authority Cost Paid Family and Medical Leave PLCTF - Potential See Below See Below Insurance Authority Revenue Gain Judicial Dept.

(Office of Victim CICF - Potential See Below See Below Services) Savings Note:

PLCTF=CT Paid Leave Contribution Trust Fund;

CICF=Criminal Injuries Compensation Fund Municipal Impact:

None Explanation The bill, which makes several technical and operational changes to the Paid Family and Medical Leave statutes, has a fiscal impact on the Paid Leave Contribution Trust Fund (PLCTF) as outlined below.

Sections 1 and 6, which allow any federally recognized tribe in the state to opt into the program after executing a memorandum of understanding with the Governor, does not result in a fiscal impact on the PLCTF to the extent that this potential expansion would mirror the expenditure and revenue trends of the existing program.

Section 2, which explicitly requires employers to register with and submit reports to the Authority and subjects them to penalties due to noncompliance, does not result in a fiscal impact as the Authority already imposes penalties for noncompliance.

Section 2 also allows claimants covered under Paid Family and Medical Leave Insurance (PFMLI) to receive compensation from the sSB222 / File No.

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75 Office of Victim Services (OVS) concurrently, which results in a potential savings to the Criminal Injuries Compensation Fund (CICF).

Total payments to claimants are limited to their normal wages;

PFMLI is the primary payor which reduces the compensation for lost wages that OVS may issue to a claimant from the CICF.

This also results in a potential minimal cost to PLCTF to the extent these benefits are paid.

Section 3, which requires the Authority to develop or approve an informational poster for display in health care sites, does not result in a fiscal impact as this can be accomplished using current resources.

Section 4, which allows the Authority to impose penalties on individuals attempting to willfully misrepresent information to receive benefits, results in a potential positive impact to the trust fund to the extent that penalties are paid and fraud deterred.

Section4 also subjects anyonewho failsto make requiredrepayments to a 1% per month interest rate on the amount owed.

This results in a potential revenue gain to the trust fund to the extent this increases individual repayments or results in interest payments being made.

To date, the Authority has identified approximately $5.8 million in overpaid benefits, of which 81% was recovered.

The Out Years The annualized ongoing fiscal impacts identified above would continue into the future subject to inflation.

1In FY 23, there were approximately 1.5 million individuals covered by PFMLI.

OVS paid an average of $257,200 annually in lost wages from FY 18 - FY 23.

2Since January 2022, the Authority has identified between 350 and 400 instances of willful misrepresentation or attempted fraud.

3The bill allows the Authority to recover such amounts and interest owed through a wage execution or by asking the administrative services commissioner to seek reimbursement through an income tax refund withholding.

sSB222 / File No.

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75 OLR Bill Analysis sSB 222 AN ACT CONCERNING CHANGES TO THE PAID FAMILY AND MEDICAL LEAVE STATUTES.

SUMMARY Thisbillmakesvariouschangesinthestate’spaidfamily andmedical leave insurance (PFMLI) law, Family and Medical Leave Act (CTFMLA), and family violence leave law.

In general, the PFMLI program is an employee-funded program that provides up to 12 weeks ofpartialwage replacement benefitsto employeesonunpaidleave from employmentundertheCTFMLA(e.g.,forthebirthofachildoraserious health condition) or family violence leave law (e.g., to obtain victim services or relocate).

Among other things, the bill:

1.

codifies requirements for employers to register and submit reports to the PFMLI Authority, which administers the program;

2.

broadens the authority’s powers to issue penalties for attempted fraudandsets a processfor recovering benefitoverpaymentsand penalties;

3.

allows the governor to enter into a memorandum of understanding(MOU)withthestate’sfederallyrecognizedtribes to allow employees of the tribe or any tribally owned business to participate in the PFMLI program;

4.

requires health care providers to display an authority-developed or -approved informational poster about the PFMLI program;

5.

allows claimants to receive PFMLI benefits concurrently with benefits from the state’s Victim Compensation Program within sSB222 / File No.

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75 certain limitations;

6.

broadens the state’s family violence leave law to also allow leave for sexual assault victims;

and 7.

defines a “municipality” under the PFMLI law and CTFMLA.

Lastly, the PFMLI law requires the authority to annually report certain information such as the program’s participation, trust fund balance, and claimant demographics.

The bill changes the annual reporting date from July 1 to September 1.

EFFECTIVE DATE:

October 1, 2024, except that the provision changing the annual report date is effective upon passage.

§ 2 — EMPLOYER REGISTRATION AND REPORTING REQUIREMENT The bill explicitly requires each employer subject to the PFMLI law and paying wages to an employee to (1) register with the PFMLI Authority, which administers the program, and (2) submit reports required by the authority in a form and way it sets.

(In practice, the authority already requires employers to do this.) Under the bill, employers that fail to comply are subject to penalties the authority establishes under its general authority to implement the PFMLI law (the bill does not otherwise specify any limitations or other criteria for this penalty).

§ 4 — ATTEMPTED FRAUD, OVERPAYMENTS, AND PENALTIES Overpayments and Attempted Fraud Existing law allows the authority to seek a repayment of overpaid PFMLI benefits from claimants who received them erroneously or before their claim was subsequently rejected.

And when a claimant receivesbenefitsdue towillfulmisrepresentation theauthority mayalso issue a penalty that equals half of the benefits paid.

The bill allows the authority to impose this same penalty (half of the benefits applied for) for attempted willful misrepresentation.

sSB222 / File No.

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75 The bill further specifies that the authority must charge anyone who was overpaid or assessed a penalty with the amount due, and requires the person to repay the overpayment or penalty to the authority under a payment schedule the authority determines.

The bill subjects anyone who fails to make the required repayment or penalty payments to a one percent per month interest rate on the amount owed.

It also allows the authority to recover the amount and interest owed (1) through a wage execution or (2) by asking the administrative services commissioner to seek reimbursement though an income tax refund withholding.

§§ 1 & 6 — TRIBAL MOU Existing law, unchanged by the bill, requires the governor to submit any compact between the state and an Indian tribe to the legislature for approval or rejection (CGS § 3-6c).

Regardless of this provision, the bill allows the governor, in consultation with the authority, to enter into a MOU with any federally recognized tribe in the state to authorize employees of both the tribe and any tribally owned business to participate in the PFMLI program.

Once they enter into the MOU, they would be considered an employer under the PFMLI law;

however, the bill also requires that their participation be governed solely by the MOU’s terms.

(Presumably, the MOU would prevail if its provisions conflict with how the law treats an “employer.”) § 3 — INFORMATIONAL POSTER The bill requires the PFMLI Authority, by October 1, 2024, to develop or approve an informational poster for health care providers to display.

It requires each health care provider to display the poster in a clear and conspicuous way accessible to patients and caregivers.

The “health care providers” subject to the requirement include doctors of medicine or osteopathy;

podiatrists, dentists, psychologists, optometrists, and chiropractors;

advanced practice registered nurses, nurse practitioners, nurse midwives, and clinical social workers;

and certain Christian Science practitioners.

§ 2 — BENEFITS FROM OTHER PROGRAMS The PFMLI law prohibits claimants receiving PFMLI benefits sSB222 / File No.

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75 concurrently with unemployment or workers’ compensation benefits.

The bill specifies that this prohibition applies to claimants concurrently receiving income replacement benefits from those programs.

The bill also explicitly allows claimants to receive PFMLI benefits concurrently with benefits from the victim compensation program administered by the Judicial Department’s Office of Victim Services, as long as thetotalbenefit the claimants receive during their leave doesnot exceed their regular pay rate.

§ 8 — CT FAMILY VIOLENCE LEAVE AND SEXUAL ASSAULT VICTIMS The state’s family violence leave law generally allows certain employees to take leave from work (and qualify for PFMLI benefits) if they are a family violence victim who needs to miss work for certain related reasons.

The bill broadens this law to also cover sexual assault victims.

Similar to family violence victims, it allows an employee who is a sexual assault victim to take the leave if it is reasonably necessary to (1) seek medical care or psychological or other counseling, (2) obtain services from a victim services organization, (3) relocate, or (4) participate in a civil or criminal proceeding related to or resulting from the assault.

Asunderexistinglawforfamilyviolencevictims,(1)these provisions apply to people working for an employer with three or more employees and (2) the person’s employer can limit the allowable unpaid leave to 12 days per calendar year and request certain documentation from the employee (generally, police or court records or a signed statement from certain sources).

Under the bill, “sexual assault” includes all penal code crimes of unlawful contact with the intimate parts of another person’s body, except aggravated sexual assault of a minor.

§§ 1 & 7 — MUNICIPALITIES UNDER THE PFMLI LAW AND CTFMLA The bill specifies that a “municipality” under the PFMLI law and CTFMLA isany metropolitandistrict,town,consolidatedtownandcity, sSB222 / File No.

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75 consolidated town and borough, city, borough, village, fire and sewer district, sewer district, and each municipal organization authorized to levy and collect taxes.

The current PFMLI law and CTFMLA do not define a municipality under them, but municipalities are not employers covered by CTFMLA, and they are only covered under the PFMLI law if their employees join the program through collective bargaining.

COMMITTEE ACTION Labor and Public Employees Committee Joint Favorable Substitute Yea 8 Nay 4 (03/07/2024) sSB222 / File No.

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